Potential Impact of the SEC’S Rulemaking Agenda on Crypto
Author: Tiffany J. Smith.; Kyle P. Swan.
Source: Volume 57, Number 05, March 1 2024 , pp.47-56(10)
Abstract:
The current SEC administration has expressed the view that most crypto assets are offered and sold as securities and has proposed several rules that address “digital asset securities” or “crypto asset securities.” In this article, the authors address how certain SEC rule proposals could impact existing crypto market participants if the rules are adopted as proposed and the SEC’s view that most crypto assets are offered and sold as securities prevails.Keywords: SEC Definitions of “Exchange” and “Dealer”; Best Execution Standard and Regulation; “Safeguarding Rule” (Rule 223-1); Use of Predictive Data Analytics
Affiliations:
1: Wilmer Cutler Pickering Hale and Dorr LLP (NY); 2: Wilmer Cutler (DC).